PEOPLE v. DAY


43 A.D.3d 707 (2007)

841 N.Y.S.2d 861

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCELLUS DAY, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided September 18, 2007.


Regardless of its merit, defendant's argument that the court improperly denied his challenge for cause to a prospective juror is not a basis for reversal, because this panelist was excused through the exercise of one of the People's peremptory challenges. Thus, defendant was not prejudiced (see People v Stone, 239 A.D.2d 872 [1997], lv denied 90 N.Y.2d...

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